sec.1246Destruction of vegetation carried out under guidelines

### sec.1246 Destruction of vegetation carried out under guidelines This section applies if, immediately before the commencement— a person is carrying out destruction of vegetation in a watercourse, lake or spring under one of the following documents approved by the chief executive (the activity guidelines )— the document called ‘Guideline—Activities in a watercourse, lake or spring carried out by an entity’; the document called ‘Guideline—Activities in a watercourse, lake or spring associated with a resource activity or mining operations’; the document called ‘Guideline—Activities in a watercourse, lake or spring carried out by a landowner’; the document called ‘Guideline—Activities in a watercourse or lake undertaken by a holder of an interim resource operations licence, resource operations licence or distribution operations licence’; and there is no development approval for the destruction; and the destruction is not a destruction activity for which— a permit has been issued to the person under section 269(1); or the person has applied, under section 266, for a permit that has not been issued under section 269(1). From the commencement— the destruction is taken to be assessable development for which a development approval has been granted; and the area of vegetation is taken to be the land to which the development approval is attached; and the development approval has effect as if it were a development approval for the destruction; and any requirement of the activity guidelines takes effect as if it were a development condition of the development approval. s 1246 ins 2013 No. 23 s 305 (sec.1246-ssec.1) This section applies if, immediately before the commencement— a person is carrying out destruction of vegetation in a watercourse, lake or spring under one of the following documents approved by the chief executive (the activity guidelines )— the document called ‘Guideline—Activities in a watercourse, lake or spring carried out by an entity’; the document called ‘Guideline—Activities in a watercourse, lake or spring associated with a resource activity or mining operations’; the document called ‘Guideline—Activities in a watercourse, lake or spring carried out by a landowner’; the document called ‘Guideline—Activities in a watercourse or lake undertaken by a holder of an interim resource operations licence, resource operations licence or distribution operations licence’; and there is no development approval for the destruction; and the destruction is not a destruction activity for which— a permit has been issued to the person under section 269(1); or the person has applied, under section 266, for a permit that has not been issued under section 269(1). (sec.1246-ssec.2) From the commencement— the destruction is taken to be assessable development for which a development approval has been granted; and the area of vegetation is taken to be the land to which the development approval is attached; and the development approval has effect as if it were a development approval for the destruction; and any requirement of the activity guidelines takes effect as if it were a development condition of the development approval. - (a) a person is carrying out destruction of vegetation in a watercourse, lake or spring under one of the following documents approved by the chief executive (the activity guidelines )— (i) the document called ‘Guideline—Activities in a watercourse, lake or spring carried out by an entity’; (ii) the document called ‘Guideline—Activities in a watercourse, lake or spring associated with a resource activity or mining operations’; (iii) the document called ‘Guideline—Activities in a watercourse, lake or spring carried out by a landowner’; (iv) the document called ‘Guideline—Activities in a watercourse or lake undertaken by a holder of an interim resource operations licence, resource operations licence or distribution operations licence’; and - (i) the document called ‘Guideline—Activities in a watercourse, lake or spring carried out by an entity’; - (ii) the document called ‘Guideline—Activities in a watercourse, lake or spring associated with a resource activity or mining operations’; - (iii) the document called ‘Guideline—Activities in a watercourse, lake or spring carried out by a landowner’; - (iv) the document called ‘Guideline—Activities in a watercourse or lake undertaken by a holder of an interim resource operations licence, resource operations licence or distribution operations licence’; and - (b) there is no development approval for the destruction; and - (c) the destruction is not a destruction activity for which— (i) a permit has been issued to the person under section 269(1); or (ii) the person has applied, under section 266, for a permit that has not been issued under section 269(1). - (i) a permit has been issued to the person under section 269(1); or - (ii) the person has applied, under section 266, for a permit that has not been issued under section 269(1). - (i) the document called ‘Guideline—Activities in a watercourse, lake or spring carried out by an entity’; - (ii) the document called ‘Guideline—Activities in a watercourse, lake or spring associated with a resource activity or mining operations’; - (iii) the document called ‘Guideline—Activities in a watercourse, lake or spring carried out by a landowner’; - (iv) the document called ‘Guideline—Activities in a watercourse or lake undertaken by a holder of an interim resource operations licence, resource operations licence or distribution operations licence’; and - (i) a permit has been issued to the person under section 269(1); or - (ii) the person has applied, under section 266, for a permit that has not been issued under section 269(1). - (a) the destruction is taken to be assessable development for which a development approval has been granted; and - (b) the area of vegetation is taken to be the land to which the development approval is attached; and - (c) the development approval has effect as if it were a development approval for the destruction; and - (d) any requirement of the activity guidelines takes effect as if it were a development condition of the development approval.